Heilman v. Cherniss et al

Filing 26

ORDER signed by Judge John A. Mendez on 2/23/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; defendants' # 17 Motion to revoke plaintiff's in forma pauperis status and dismiss this action is DENIED. (Reader, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS JOHN HEILMAN, 11 Plaintiff, 12 13 No. CIV S-11-0042 JAM EFB P vs. C. CHERNISS, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On December 21, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 1 2 3 1. The findings and recommendations filed December 21, 2011, are adopted in full; and 2. Defendants’ September 29, 2011 motion to revoke plaintiff’s in forma pauperis 4 status and dismiss this action is denied. 5 DATED: February 23, 2012 6 7 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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